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ELLIS v. MAYOR AND CITY COUNCIL OF BALTIMORE

No. 9899.

352 F.2d 123 (1965)

Frank J. ELLIS, Appellee, v. MAYOR AND CITY COUNCIL OF BALTIMORE, Appellant,

United States Court of Appeals Fourth Circuit.

Decided October 11, 1965.

Attorney(s) appearing for the Case

Clayton A. Dietrich, Chief Asst. Sol., City of Baltimore, Md. (Joseph Allen, City Sol. of Baltimore, Md., and Harold L. Glaser, S. Leonard Rottman and Solomon Baylor, Asst. City Sol., on brief), for appellant.

Archie D. Williams, Baltimore, Md., for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BRYAN and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Circuit Judge:

The present apportionment and a proposed reapportionment of the Baltimore City Council were declared unconstitutional by the United States District Court for the District of Maryland. This is the municipality's appeal from that decision. Jurisdiction is founded on 28 U.S.C.A. § 1343(3) and 42 U.S.C.A. §§ 1983 and 1988.1

Plaintiff, a resident and registered voter of the Fifth Councilmanic...

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